financial consulting
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Service Center Operations
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: The proposed endeavor has national importance due to its impact on SMEs and women entrepreneurs.
Evidence type: articles and reports
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“The articles and reports provide only general background information on the aforementioned areas and do not specifically relate to or discuss the Petitioner's proposed endeavor”
Decision PDF, p. 3Open source PDF
Petitioner argued: Letters of recommendation support national importance.
Evidence type: letters of recommendation
USCIS finding: INSUFFICIENT
“they do not discuss the Petitioner's specific proposed endeavor or the impact thereof”
Decision PDF, p. 5Open source PDF
Petitioner argued: The expert opinion letter supports national importance.
Evidence type: expert opinion letter
USCIS finding: INSUFFICIENT
“his opinion is largely conclusory and does not adequately explain how the Petitioner's work would produce such nationally important impacts”
Decision PDF, p. 4Open source PDF
Petitioner argued: The business plan shows substantial positive economic effects.
Evidence type: business plan
USCIS finding: INSUFFICIENT
“she did not provide sufficient explanation or evidentiary support for the bases of her figures”
Decision PDF, p. 4Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: The Petitioner is well-positioned to advance the endeavor based on her experience.
Evidence type: resume and recommendation letters
USCIS finding: INSUFFICIENT
“the letters do not further elaborate on or sufficiently explain how the Petitioner's work has been utilized in the field or otherwise constitutes a record of success”
Decision PDF, p. 5Open source PDF
Petitioner argued: There is interest from potential customers.
Evidence type: letters of interest
USCIS finding: INSUFFICIENT
“the letters similarly express interest in 'being part of your plan/project.' However, the company representatives do not discuss specifics of the business proposal”
Decision PDF, p. 6Open source PDF
Petitioner argued: The Petitioner has made progress towards the endeavor.
Evidence type: business plan
USCIS finding: INSUFFICIENT
“the record does not show that the Petitioner has made any preparations for starting her new business beyond writing a business plan”
Decision PDF, p. 6Open source PDF
Prong 3 — Balancing the Waiver's Benefits
NOT_DISCUSSEDWhat this decision can’t tell you
This decision comes from a case that was denied and then appealed. Every case here is in that position — it cannot be used to estimate an overall approval rate, and it cannot predict the outcome of any individual case, including yours. USCIS officers exercise discretion on facts that are never fully captured in a written decision.
This decision turned on national importance. Describe your own work and see which decisions discussed the same issue.
Describe your situation →Related decisions
Questions this raises for your lawyer
- On Prong 1 (substantial merit & national importance), USCIS found the petitioner's articles and reports insufficient to establish that the proposed endeavor has national importance due to its impact on SMEs and women entrepreneurs.. What would make comparable evidence in my own case more persuasive?
- On Prong 2 (well positioned to advance the endeavor), USCIS found the petitioner's resume and recommendation letters insufficient to establish that the Petitioner is well-positioned to advance the endeavor based on her experience.. What would make comparable evidence in my own case more persuasive?
- What in my own case most resembles the specific facts USCIS focused on in this decision?